Versus Trump: Blurring Public and Private Conduct

9/17/20  //  In-Depth Analysis

On this week’s Versus Trump, Jason and Charlie discuss two new legal filings by the Trump DOJ that blur the line between the President as government official and the President as private citizen. In the first case, the government argues that the President's twitter feed is not an official public forum, so he can block people with whom he disagrees. In the second, the government argues that the President's denials that he sexually assaulted E. Jean Carroll were made in his official capacity as President. Listen now!

Charlie Gerstein

Civil Rights Corps

Abridging the Right to Vote in the Fifth Circuit

9/15/20  //  In-Depth Analysis

The Fifth Circuit’s decision in Texas Democratic Party v. Abbott makes several missteps. In this post, I’ll flag three of them.

Travis Crum

Washington University in St. Louis

How the Right to Vote Became Fundamental  

8/26/20  //  Commentary

The Nineteenth Amendment helped cement the idea that the right to vote is a fundamental right inherent in citizenship

Versus Trump: Trump Versus Mail Voting

8/24/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss voting by mail in the pandemic. Have courts allowed the rules to be changed, either in responses to suits there should be more voting by mail—or less? Listen now!

Charlie Gerstein

Civil Rights Corps

The Real Problem with Seila

8/24/20  //  In-Depth Analysis

Seila Law LLC v. Consumer Financial Protection Bureau that tenure protection for the Director of the Consumer Financial Protection Bureau is unconstitutional. The decision’s reasoning may be more important—and worrisome—than the holding itself.

Zachary Price

U.C. Hastings College of the Law

The Voting Rights Act Should be Amended to Apply to the Federal Government

8/20/20  //  In-Depth Analysis

Especially in light of President Trump’s recent attacks on mail-in voting and the United States Postal Service, Section 2 should be revised to prohibit racial discrimination in voting by the federal government.

Travis Crum

Washington University in St. Louis

Roberts’ Rules: How the Chief Justice Could Rein in Police Abuse of Power 

8/19/20  //  In-Depth Analysis

A theme of Chief Justice John Roberts’ opinions this past term is that courts should not employ open-ended balancing tests to protect fundamental constitutional rights. Yet there is one area of the Supreme Court’s constitutional jurisprudence that is rife with such amorphous balancing tests: policing. It is long past time for the Court to revisit this area of law.

The Federal Judiciary Needs More Former Public Defenders

8/3/20  //  Commentary

By Orion de Nevers: The composition of President Trump’s record-setting number of judicial appointments has been widely criticized for its overwhelmingly white-male skew. But another, quieter, source of troubling homogeneity has also emerged: President Trump is loading the bench with former prosecutors.

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Little Sisters of the Poor v. Pennsylvania: The Misuse of Complicity

7/20/20  //  In-Depth Analysis

The Supreme Court majority's expanding concept of complicity is likely to result in judges acting inconsistently, accommodating sympathetic religious claimants and denying relief to those who are not

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

Versus Trump: Are Tax Returns Coming Soon?

7/18/20  //  Commentary

On this week’s Versus Trump, Jason and Charlie discuss the Supreme Court's pair of decisions governing Trump's tax returns. Are they coming soon? Did the Democrats make a mistake in not being more aggressive in invoking the impeachment power? Listen now!

Charlie Gerstein

Civil Rights Corps

Regrettably, President Trump Does Have the Power to Commute Roger Stone's Sentence

7/17/20  //  In-Depth Analysis

By Brian Kalt: In a recent piece in the Atlantic, Corey Brettschneider and Jeffrey Tulis contend that the Stone commutation is invalid. Regrettably, their legal argument is weak

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An Absolute Right to Discriminate

7/8/20  //  Commentary

Thousands upon thousands of schoolteachers at religious schools – teachers who are mostly women – have been stripped of protection against anti-discrimination laws. Once again, religious rights trump women’s right to equality.

The 2020 Ministerial Exception Cases: A Clarification, not a Revolution

7/8/20  //  Commentary

Despite legitimate controversy over the application of the ministerial exception, Morrissey-Berru is a reassuring nod toward the continuity of a principle long rooted in the American tradition of church-state separation.

Ira C. Lupu

George Washington University Law School

Robert W. Tuttle

George Washington University Law School

The Electoral College Shouldn’t Get in the Way of D.C. Statehood

7/7/20  //  Commentary

By Jessica Bulman-Pozen & Olatunde Johnson: On June 26, 2020, the House of Representatives voted to make DC the fifty-first state in our Union. This should be an urgent priority for the 117th Congress—but before passage, the bill should be modified in a way blessed by the Supreme Court’s decision yesterday in Chiafalo v. Washington.

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Who Decides the Future of the Equal Rights Amendment?

7/6/20  //  In-Depth Analysis

Congress should decide what happens to the Equal Rights Amendment, not the courts or the Executive Branch.

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